This Doesnt Look Right

[63SIERRA]

heres the regs for mental health for 30 and ten percent. On my recent CP exam, most of the symptoms fall under the 30 percent symptoms, but in the question where they ask the CP examiner which most fits, she checked the 10 percent box

Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events)30

Occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or; symptoms controlled by continuous medication 10

heres what she wrote

Difficulty adjusting and depressed mood was at least as likely as not (50
percent or greater probability) incurred in or caused by his medical
conditions. His records indicate being prescribed an anti-depreesant in 2003
and 2004, however, his symptoms have exacerbated since the onset of his

or VA rating purposes, check all symptoms that apply to the Veteran's
diagnoses:
[X] Depressed mood
[X] Chronic sleep impairment
[X] Mild memory loss, such as forgetting names, directions or recent
events
[X] Disturbances of motivation and mood
Behavioral observations:
Mood was described as "tired." Affect was noted to be
appropriate to the
content of the conversation. He was neatly dressed and groomed. There
were no gross cognitive impairments noted at the time of interview. Eye
contact, for the most part, was appropriate. He was oriented to person,
place, and time. His manner of speech was of normal rate, rhythm, and
volume. He presented as friendly and receptive to the evaluation
procedures. His thought processes were coherent and goal directed. There
was no report or observation of hallucinations or delusions. Attention
and concentration were appropriate. His short and long term memory
recall
was WNL. The patient did not express suicidal/homicidal ideation.
3. Occupational and social impairment
-------------------------------------
a. Which of the following best summarizes the Veteran's level of
occupational
and social impairment with regards to all mental diagnoses? (Check only
one)

here
[X] Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms
controlled by medication
b. For the indicated level of occupational and social impairment, is it
possible to differentiate what portion of the occupational and social
impairment indicated above is caused by each mental disorder?
[ ] Yes[ ] No[X] No other mental disorder has been diagnosed
medical problems and surgeries.
/es/

Edited June 24, 2014 by 63SIERRA

[63SIERRA]

thanks I just have been dealing with bigger fish, like kidney cancer, and havent taken the time to go see a mental health doc. I will see abt getting back on the turnip truck. The va isnt SUPPOSED to rate you based on your medicated state , they are supposed to rate you as if no meds are involved but they clearly dont as evidenced in my CP exam. I could probably use thier whole CP exam against them in a court setting. It totally contradicts itself, and VA law.

[X] Occupational and social impairment due to mild or transient symptoms
which decrease work efficiency and ability to perform occupational
tasks only during periods of significant stress, or; symptoms
controlled by medication

]

CONTROLLED BY MEDICATION.

These 3 words should void and nullify an entire CP exam. It is just another tool, in the homer box of the VA to weaken the diagnosis. and lowball the rating.,

Edited June 26, 2014 by 63SIERRA

[VetlawUS]

That does not look right to me.

I see this all the time: the examiner marks symptomatology for PTS and other mental health conditions, but assigns a rating that is not consistent with those observed symptoms and limitations.

We just started working with a client who had something VERY similar happen - symptoms documented by the Examiner support a 50% rating, but the rater only gave a 30% rating.

Why do they do this? Raters aren't medically trained, and I believe take a gamble that most Vets don't know that they can appeal the determination of an Impairment Rating through a Notice of Disagreement (NOD).

The solution: file a NOD asap and challenge the low ball impairment rating. Here are a few blog posts to help get you started:

1) Read more here about the "Mystery of Impairment Ratings"

2) Here are 6 ways to challenge the C&P Examiner's evaluation. (These are NOT the only ways - just some common challenges we make in our cases).

3) Here are 8 Tips for making sure that the VA didn't "low-ball" your PTS rating (the theory is the same for all mental health conditions, as they use the same ratings table regardless of the actual mental health condition service-connected).

4) Read about the Mauerhan case: it is one of the 10 Cases Every Veteran should know - and it is an admonishment that in mental health rating, the VA MUST consider factors outside the Rating Table that impact a Veteran's occupational and social limitations.

Hope those help!

Chris

[NavyWife]

Sierra

I would wait for the rating and then go get an IME and file your NOD. I probably would ask for a DRO Hearing. You can examine the IME and make sure it fits the bill before you send it in to the VA. I was given low ball rating, and the IME's are what saved me. I was filing for SSDI at the same time for the same thing, so I had three IME's. One thing about the VA is that if you have a disorder like depression you should be accepting meds. What you do with them is your own business. You know the VA believes that if you are not on meds you are cured or have minor problem. This is my opinion anyway.

John

John999--

How'd you get so wise ?

I learn a lot every time I read your posts!

[63SIERRA]

you guys rock !!! Mr,Chris, I could write a book abt the injustices that the VA has done to me over the last 20 years.

[63SIERRA]

the next CP exam I go to, I will wear a shirt that says, I MAY LOOK RETARTED, BUT TRUST ME, IM NOT.

John999--
How'd you get so wise ?

I learn a lot every time I read your posts!

john thier own examination sinks thier ship.

[john999]

I am going to wear the " I'm with Stupid" shirt I saw on South Park. I got wise by luck and reading Hadit posts from people smarter than me. You know even when I have had claims approved neither me, nor my doctor understands the logic behind the decision.

John